[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR17.21]



[Page 108]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 17_PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES--Table of Contents

 

                           Subpart B_Protests

 

Sec. 17.21  Protest remedies.



    (a) The Office of Dispute Resolution for Acquisition has broad 

discretion to recommend remedies for a successful protest that are 

consistent with the AMS and applicable statutes. Such remedies may 

include, but are not limited to one or more, or a combination of, the 

following--

    (1) Amend the SIR;

    (2) Refrain from exercising options under the contract;

    (3) Issue a new SIR;

    (4) Require recompetition;

    (5) Terminate an existing contract for the FAA's convenience;

    (6) Direct an award to the protester;

    (7) Award bid and proposal costs; or

    (8) Any combination of the above remedies, or any other action 

consistent with the AMS that is appropriate under the circumstances.

    (b) In determining the appropriate recommendation, the Office of 

Dispute Resolution for Acquisition should consider the circumstances 

surrounding the procurement or proposed procurement including, but not 

limited to: the nature of the procurement deficiency; the degree of 

prejudice to other parties or to the integrity of the acquisition 

system; the good faith of the parties; the extent of performance 

completed; the cost of any proposed remedy to the FAA; the urgency of 

the procurement; and the impact of the recommendation on the FAA.

    (c) Attorney's fees of a prevailing protester are allowable to the 

extent permitted by the Equal Access to Justice Act, 5 U.S.C. 

504(a)(1)(EAJA).